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Practice Area: Architects and Engineers

Engineer’s Contractual Indemnity Claim Against Contractor Dismissed, As Indemnification Agreement Excluded Claims For Damages To The Work Itself

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In County of Saratoga v. Delaware Engineering, D.P.C., 189 A.D.3d 1926, 139 N.Y.S.3d 381 (3d Dept 2020), the New York Supreme Court Appellate Division held that an engineer’s contractual indemnity claim against the contractor was due to be dismissed, as the indemnity provision unambiguously and expressly excluded claims for damage to the “work itself.” In…
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Texas Appellate Court Reaffirms Holding That Certificate Of Merit Addressing Individual Engineer’s Alleged Negligence Satisfies Requirements As To The Employer

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In Carlson, Brigance & Doering, Inc. v. Compton, 2020 WL 7233612 (Tex. App. Dec 8, 2020) the Court of Appeals of Texas held that a Certificate of Merit addressing the alleged negligence of an individual engineer does not have to separately address the employer’s alleged negligence arising out of the same acts or omissions.  Forestar…
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Massachusetts Supreme Court Rules That Statute Of Repose For Construction And Design Defect In Multi-Building Project Ran When Each Building Was Substantially Completed

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In D’Allessandro v. Lennar Hingham Holdings, LLC, 2020 WL 6438937 (Mass. Nov. 3, 2020), the Massachusetts Supreme Judicial Court held the statute of repose governing the claims for design and construction defects for a multi-building condominium project began to run when each building was opened for its intended use or was substantially completed, not when…
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North Carolina Appellate Court Rules The Licensure Defense Does Not Bar Contractor’s Negligence Claims Against Design Professionals

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In Wright Construction Services, Inc.v. The Hard Art Studio, PLLC, 2020 WL 7906704 (N.C. App. Dec. 31, 2020), a North Carolina appellate court held that the “licensure defense,” which prevents a builder that is unlicensed at the start of a project from recovering in a breach of contract claim, does not apply to negligence claims…
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Michigan Court Of Appeals Finds Architect Did Not Owe Project Owner A Duty Absent A Contract Or Special Relationship

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In Rochester Endoscopy and Surgery Center, LLC and Jaro Company, LLC v. DesRosiers Architects, PC, 2020 WL 6231823 (Mich. App. October 22, 2020), the Court of Appeals of Michigan granted Defendants’ Motion to Dismiss the professional negligence claims against the architect. The Rochester Plaintiffs purchased a unit in a condominium, which they intended to convert…
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Fraud Claims Asserted By Homeowner Against Engineer Dismissed For Lack Of Specificity

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In Hinman v. ValleyCrest Landscape, Inc. and Aquatic Design & Engineering, Inc., No. 3:19-cv-551, 2020 WL 434161 (M.D. Tenn. Jan. 28, 2020), the United States District Court for the Middle District of Tennessee granted Defendants’ Motion to Dismiss the fraud claims alleged against the engineer for lack of specificity in the pleading.   Plaintiff, the…
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New York Appellate Court Rules Owners Claim Against Architect Accrued Upon Completion Of The Project Rather Than When Damage Was Discovered

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In Town of West Seneca v. Kideney Architects, P.C., 2020 WL 5867490 (N.Y. App. Oct 2, 2020), a New York appellate court held a project owner’s claim against the architect accrued, and the statute of limitations began, upon completion of the project, rather than discovery of the damage.  Town of West Seneca, the project owner,…
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Texas Court Of Appeals Reaffirms Strict Adherence To Certificate Of Merit Requirements In Case Involving Engineering Firm

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Plaintiffs continue to struggle in compliance with Certificate of Merit requirements in Texas. In TRW Engineers, Inc. v. Hussion Street Buildings, LLC, 2020 WL 4457975 (Tex. Ct. App. August 4, 2020), the Texas Court of Appeals held that an engineer’s deposition testimony, which was read into the record by the plaintiff, did not obviate the…
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